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34 La. 1106

Ray v. Shehee

Supreme Court of Louisiana

Decided October 15, 1882

Supreme Court of Louisiana · decided 1882-10-15

<p>An appeal bond for costs, oovering only the oosts of appeal, is defective.</p>

Decided 1882-10-15

¶1The opinion of the Court was delivered by

Eenner, J.

¶2Appellee moves to dismiss this devolutive appeal, on the'ground that the bond of appeal does not1 conform to the requirements of the law. The terms of the bond are, that the appellant “ shall pay or cause to be paid, all such costs of appeal as may accrue in said suit and appeal.”

¶3• It has been repeatedly decided that the bond must secure payment of all costs of suit, and that where, as in' the instant case, it covers only costs of appeal, the appeal will be dismissed. Rawle vs. Feltus, 33 An. 421; Gillis vs. Carter, 28 An. 805 ; Jordan vs. Sanders, 13 An. 417; 4 An. 3; 3 An. 135.

¶4The appeal is, therefore, dismissed at appellant’s cost.-

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